HIRA LAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises from the order of the Bombay High Court made on 1-9-1979 in Special Civil Application No. 3045 of 1973.

(2.) The only question in this appeal is : whether the appellants are entitled to two more units under section 6 of the Maharashtra Agricultural Lands (Ceiling of Holdings) Act, 1961 (27 of 1961) (for short, the 'Act')

(3.) In the High Court it was stated that the Tribunal ought to have condoned the delay in filing the review petition and the failure to condone the delay was an error apparent on the face of record. The High Court did not agree with that contention. On merits, no challenge was made to the order of the Tribunal before the High Court. Mr. K. Rajendra Chowdhary, learned Counsel for the appellants, contended that in his return filed under section 12 of the Act on 25-4-1962, in the verification he had mentioned that apart from himself he had three sons and three daughters. In computation of the ceiling area, a family of five members is entitled to one unit and if two more members are in the family, each is entitled to one unit separately. If that is considered, the finding of the Tribunal is not correct and that the appellants are not in excess of 30.4 acres of land but within the ceiling limit. Therefore, the High Court was not right in dismissing the matter. In support of the contention that the appellants had three daughters, he seeks to place on record the school certificates said to have been issued by the headmaster concerned.